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31
Mar
Driver who ‘had a few beers’ and flipped car in Masham sentenced
A driver whose car went into a ditch and flipped over was sentenced at Harrogate Magistrates Court on Thursday (March 27).
James McCallum, of Clough Park in Fenay Bridge, Huddersfield, pleaded guilty to failing to provide a specimen for analysis.
Kaye Barnard, prosecuting, told the court police received a report of a car crash from the ambulance service on October 13 last year.
The court heard the car had left the road, gone into a ditch and rolled onto its roof.
McCallum was found to be the driver. He provided a positive roadside breath sample and was arrested.
But McCallum was first taken to Harrogate District Hospital to receive treatment.
The court heard McCallum was required to provide a blood sample, but he began to show signs of head trauma and the procedure was delayed.
Ms Barnard said the defendant was later asked again to provide the specimen, but he refused and told officers he wanted a legal representative.
The officers warned him of the consequences, but he continued to refuse.
McCallum had previously been convicted of drink-driving, the prosecution said.
'This is clearly a case of the defendant being ill'
Peter Minnikin, defending, told the court the 37-year-old defendant had been at Swinton Park Hotel on the night of the offence.
The court heard McCallum previously worked at the hotel and returned on October 13 to catch up with old friends.
Mr Minnikin said the defendant intended to stay in the staff accommodation, so he “had a few beers”.
However, McCallum was later told he was not allowed to stay on-site and chose to drive back to Masham.
It was then that his car veered off the road and went into the ditch.
Mr Minnikin added:
Mr McCallum got out of his car and was confused. He realised he had lost his phone and crawled to a nearby house. The resident called the ambulance.
This is clearly a case of the defendant being ill.
Doctors initially consented to McCallum providing a sample, but this was withdrawn as he had to have a CT scan.
Doctors then consented to him providing the sample again, the court heard, but he refused because he wanted a legal representative.
The defendant has “little to no recollection” of the incident, Mr Minnikin said.
The magistrates banned McCallum from driving for 36 months.
He was also ordered to undertake a 12-month community order, which includes 15 rehabilitation activity days, and to wear an alcohol abstinence tag for 90 days.
McCallum was ordered to pay court costs of £85 and a victim surcharge of £114.
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